Terms and conditions

These are our official terms and conditions of sale. By placing an order, you agree to accept them and enter into a legally enforceable agreement. If you have any questions, please contact us first to discuss.

All terms and conditions are standard and will be very similar to any other company selling goods online.

Application

• These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Winstanleys Ltd, a company registered in England and Wales under number 05713842 whose registered office is at 725/729 Ormskirk Road, Pemberton, Wigan, Greater Manchester, WN5 8AT and whose trading address is Unit 9, Martland Court, Fourmarts Road, Wigan, Greater Manchester, WN5 0LU, trading under the name Winstanleys BMX, with email address [email protected] and telephone number 01942 707646 (the Supplier or us or we).

• These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

• Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

• Contract means the legally-binding agreement between you and us for the supply of the Goods;

• Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

• Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

• Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

• Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

• Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

• Website means our website https://winstanleysbmx.com/ on which the Goods are advertised.

Goods

• The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

• In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

• All Goods which appear on the Website are subject to availability.

• We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information and Registration

• When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

• We retain and use all information strictly under the Privacy Policy.

• We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Price and Payment

• The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

• Prices and charges include VAT at the rate applicable at the time of the Order.

• You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

• We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into, unless you have confirmed in writing that you are willing to extend this due to availability or other reasons.

• In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

• If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

• If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

• If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

• If you place an Order for delivery to an address outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them and cannot be held responsible for informing you of them in advance.

• You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

• If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

• The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

• Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

• You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Cancellation

• You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

• You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.

Right to cancel

• This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

1. goods that are made to your specifications or are clearly personalised;

2. goods which are liable to deteriorate or expire rapidly.

• For the purposes of these Cancellation Rights, these words have the following meanings:

1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

2. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

• The Cancellation Rights for a Contract cease to be available in the following circumstances:

1. in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if they become unsealed after delivery;

2. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

• Subject as stated in these Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.

• The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.

• To exercise the right to cancel, you must contact us by phone or by email and inform us. You will need to specify which order you are cancelling, and, if you have ordered multiple products, whether you wish to cancel the entire order or only certain products. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.

• If we have an online cancellation facility on our website, you may use this instead. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.

• To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

• If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Unit 9, Martland Court, Fourmarts Road, Wigan, Greater Manchester, WN5 0LU without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

• Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

• We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you. Unnecessary means handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods, going beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

• If we have not offered to collect the Goods, we will refund your payment without undue delay, and not later than:

1. 14 days after the day we receive back from you any Goods supplied, or

2. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

3. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

Faulty Goods

• If you discover a fault with the Goods within 30 days of purchase or delivery (whichever is later), we will offer you a choice of a full refund, repair or replacement.
• After 30 days but within the guarantee period (normally 12 months, unless otherwise specified), we will either repair or replace the faulty Goods. At our discretion, we may choose to offer you a full or partial refund instead.
• We will need to inspect the Goods to confirm the fault; we may be able to do so from photos, or we may request that you return it to us for inspection.

Returning Goods

• Goods may be returned by post or in person to our trading address above. Please contact us before returning anything by post.

• We may offer to arrange collection. You are not obliged to accept this and may arrange your own return.

• If we do not arrange the collection of the Goods, you are responsible for them until we accept delivery. This means that you may be liable for lost or damaged items if the delivery is not sufficiently insured; we will advise you of this.

• You are responsible for the costs of returning the Goods. We will refund reasonable costs for returning faulty Goods. Precise amounts are subject to change and are available on our website.

• We will not normally refund the costs of returning Goods when you have chosen to cancel the Contract and the Goods are not faulty.

• If you return Goods as faulty and, after inspecting them, we determine that no fault exists, we will return the Goods to you at your expense and without refunding your return costs.

• Our full Returns Policy is available in the Help section on our website (see website footer).

Conformity

• We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

• Upon delivery, the Goods will:

1. be of satisfactory quality;

2. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and

3. conform substantially to their description.

• It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

• Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

• In the event of any failure by a party because of something beyond its reasonable control:

1. the party will advise the other party as soon as reasonably practicable; and

2. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

Excluding liability

• The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Complaints

• If you have any complaints regarding the Goods, or the delivery process, or the returns process, or dispute any part of this contract, please email [email protected] and include any relevant details (e.g. order number, delivery address, emails received, etc.) We will aim to respond with an appropriate solution within 2 working days.

• If you have purchased using either finance or credit and would like to complain, you can do this by visiting the financial ombudsman website. Click here to visit the financial ombudsman website. https://www.financial-ombudsman.org.uk/

Governing law and jurisdiction

• The Contract (including any non-contractual matters) is governed by the law of England and Wales.

• Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.